CS for CS for SB 1686                      First Engrossed (ntc)
    1                        A bill to be entitled                      
    2         An act relating to telehealth; creating s. 408.61,
    3         F.S.; creating the Telehealth Task Force within the
    4         Agency for Health Care Administration; requiring the
    5         agency to use existing and available resources to
    6         administer and support the task force; providing for
    7         the membership of the task force; requiring the task
    8         force to compile and analyze certain data and to
    9         conduct a comparative analysis of health insurance
   10         coverage available for telehealth services and for in
   11         person treatment; providing meeting requirements;
   12         requiring the task force to submit a report to the
   13         Governor and Legislature by a certain date; providing
   14         for the repeal of the section; creating s. 456.51,
   15         F.S.; authorizing certain licensed or certified health
   16         care professionals to provide telehealth services;
   17         defining the term “telehealth”; amending s. 636.202,
   18         F.S.; excluding telehealth products from the
   19         definition of “discount medical plan”; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 408.61, Florida Statutes, is created to
   25  read:
   26         408.61 Telehealth Task Force.—
   27         (1) The Telehealth Task Force is created within the agency.
   28  The agency shall use existing and available resources to
   29  administer and support the activities of the task force under
   30  this section.
   31         (2) Members of the task force shall serve without
   32  compensation and are not entitled to reimbursement for per diem
   33  or travel expenses. The task force shall consist of the
   34  following 21 members:
   35         (a) The Secretary of Health Care Administration or his or
   36  her designee, who shall serve as the chair of the task force.
   37         (b) The State Surgeon General or his or her designee.
   38         (c) Three representatives of hospitals or facilities
   39  licensed under chapter 395; three representatives of health
   40  insurers that offer coverage of telehealth services; two
   41  representatives of organizations that represent health care
   42  facilities; two representatives of long-term care services, one
   43  from a nursing home and one from a home health agency or
   44  community-based health services setting; and two representatives
   45  of entities that create or sell telehealth products, all
   46  appointed by the Secretary of Health Care Administration.
   47         (d) Five health care practitioners, each of whom practices
   48  in a different area of medicine, and two representatives of
   49  organizations that represent health care practitioners, all
   50  appointed by the State Surgeon General.
   51         (3) The task force shall compile and analyze data and
   52  information on the following:
   53         (a) The frequency and extent of the use of telehealth
   54  technology and equipment by health care practitioners and health
   55  care facilities nationally and in this state.
   56         (b) The costs and cost savings associated with using
   57  telehealth technology and equipment.
   58         (c) The types of telehealth services available.
   59         (d) The extent of available health insurance coverage for
   60  telehealth services. The task force shall conduct a comparative
   61  analysis of such coverage to available coverage for in-person
   62  services. The analysis must include:
   63         1. Covered medical or other health care services.
   64         2. A description of payment rates for telehealth services
   65  and whether they are below, equal to, or above payment rates for
   66  in-person services.
   67         3. Annual and lifetime dollar maximums on coverage for
   68  telehealth and in-person services.
   69         4. Copayment, coinsurance, and deductible amounts; policy
   70  year, calendar year, lifetime, or other durational benefit
   71  limitations; and maximum benefits for telehealth and in-person
   72  services.
   73         5. Any unique conditions imposed as a prerequisite to
   74  obtaining coverage for telehealth services.
   75         (e) Barriers to implementing, using, or accessing
   76  telehealth services.
   77         (f) Consideration of opportunities for interstate
   78  cooperation in telehealth.
   79         (4) The task force shall convene its first meeting by
   80  September 1, 2016, and shall meet as often as necessary to
   81  fulfill its responsibilities under this section. Meetings may be
   82  conducted in person, by teleconference, or by other electronic
   83  means.
   84         (5) The task force shall submit a report by June 30, 2017,
   85  to the Governor, the President of the Senate, and the Speaker of
   86  the House of Representatives which includes its findings,
   87  conclusions, and recommendations.
   88         (6) This section is repealed effective December 1, 2017.
   89         Section 2. Section 456.51, Florida Statutes, is created to
   90  read:
   91         456.51 Telehealth.—
   92         (1) A health care practitioner, a behavior analyst
   93  certified under s. 393.17, a person certified under part III of
   94  chapter 401, or a person certified under part IV or V of chapter
   95  468 who is practicing within the scope of his or her license or
   96  certification may provide telehealth services. A practitioner or
   97  person who is not a physician, but who provides telehealth
   98  services within the scope of his or her license or
   99  certification, may not be considered to be practicing medicine
  100  without a license.
  101         (2) As used in this section, the term "telehealth" means
  102  the use of synchronous or asynchronous telecommunications
  103  technology by a health care practitioner, a behavior analyst
  104  certified under s. 393.17, a person certified under part III of
  105  chapter 401, or a person certified under part IV or V of chapter
  106  468 to provide medical or other health care services, including,
  107  but not limited to, patient assessment, diagnosis, consultation,
  108  treatment, or remote monitoring; the transfer of medical or
  109  health data; patient and professional health-related education;
  110  the delivery of public health services; and health care
  111  administration functions.
  112         Section 3. Subsection (1) of section 636.202, Florida
  113  Statutes, is amended to read:
  114         636.202 Definitions.—As used in this part, the term:
  115         (1) “Discount medical plan” means a business arrangement or
  116  contract in which a person, in exchange for fees, dues, charges,
  117  or other consideration, provides access for plan members to
  118  providers of medical services and the right to receive medical
  119  services from those providers at a discount. The term “discount
  120  medical plan” does not include any product regulated under
  121  chapter 627, chapter 641, or part I of this chapter, or any
  122  telehealth product defined under s. 456.51, F.S.
  123         Section 4. This act shall take effect July 1, 2016.